Dealing with a roommate problem

Roommates are two or more people who live together in the same rental unit. There are different ways roommates can agree to cohabit. As roommates, your legal set-up will impact practical things like how you split the rent, deal with the landlord, and part ways. In BC, the law sorts roommate arrangements into three categories:

• Co-tenants are roommates who each share the same tenancy agreement with the landlord. This is a common arrangement for couples, families, and close friends. It makes sense for those who have an existing relationship of trust and closeness.

• Tenants sharing common space live together in the same rental unit. But they each have their own separate tenancy agreement with the landlord. They’re expected to deal with the landlord individually on most tenancy issues. Sometimes, roommates in this set-up are called “tenants-in-common.”

• A tenant and an occupant can live together in a rental unit as roommates. With this set-up, only the tenant has a relationship with the landlord. By contrast, the occupant lives in the rental unit but rents from the tenant (not the landlord). The occupant isn’t protected by the main law covering tenants in BC. 

We cover the pros and cons of each of these arrangements in our page on living with a roommate.

Having a problem with someone you live with can be tricky on many levels. This can be tough to deal with on your own. Reaching out to those around you can help ease some of the overwhelm, both emotionally and logistically.

If there are other roommates in the mix, talk to them. They might be facing similar issues — you all could try to approach the roommate as a group. The idea isn’t to “gang up” on this person. But it may add more weight to your complaint if others feel the same way. Together you can figure out a solution that works for everyone.

Consider approaching other friends and networks for support. Maybe you need a break from the roommate. Try asking a family member or friend if they can put you up for a few days. Maybe there’s a self-help solution — for example, headphones, or a dehumidifier you could borrow — that could alleviate the problem. Get creative!

Sometimes what you need is time — time to organize your thoughts on how to deal with the problem. Can you ask someone to switch shifts at work? Or for extra help around the house or with your kids? If you’re a student, can you get an extension on a paper? People are often willing to help out if they can. Here’s a list of resources that includes non-lawyer community supports.

There are also legal resources to help explain your rights and to identify next steps. Some good options include the Tenant Resource & Advisory Centre, an advocate or a legal clinic. These are all free. The Everyone Legal Clinic is a low-cost fixed-fee option for legal help.

What happens when one or more roommates pull out? Different laws apply depending on what set-up you’re in. You’re also bound by the terms of any legal agreements you’ve made. Typically these are a tenancy agreement or roommate agreement. (Written agreements are easiest to prove and enforce, but oral agreements are also valid.)

Consider tenants who’ve been sharing common space. The law around this is pretty clean and easy to understand. Each roommate has a separate tenancy agreement with the landlord. This means that one roommate leaving should not (legally) impact the others. If you’re in this situation and want out, read the terms of your tenancy agreement. If it’s a fixed tenancy, you have to pay rent until the end of the term (unless the landlord agrees otherwise). If you’re on a month-to-month tenancy, you’ll need to give the landlord at least one month’s notice.

It’s a little more complicated if you’re co-tenants on the same tenancy agreement. There are a number of ways the law could apply. See our webinar on renting in BC (at 48:40). If your co-tenant is leaving, and you want to stay, you can try to negotiate a new tenancy agreement with your landlord. They may be motivated to keep you in the unit to avoid the hassle of finding someone new.

If you’re in a roommate/occupant situation, the law says you have to comply with anything you previously agreed to about ending the arrangement. If you didn’t discuss this beforehand, you must give “reasonable notice” to end the tenancy. This applies whether you’re the roommate on the tenancy agreement or the occupant. For example:

• We cover what your legal rights are if you’re not on the tenancy agreement and your roommate wants to “evict” you. 

• You’re the roommate on the tenancy agreement. You didn’t give your roommate enough notice to move out. A tribunal could order you to pay for the cost of your roommate’s hotel charges for a week. 

The best way to deal with a roommate problem is to avoid it altogether! If you’re going to be renting a space to live with someone else, put an agreement in writing. There are two main options:

1. Try to get on the tenancy agreement. This will mean you have a direct agreement with the landlord. And importantly, you’ll be protected under BC’s tenancy law. This provides, among other protections, caps on rent increases, minimum timelines for evictions, and obligations on landlords for upkeep and repair.

2. Sign a roommate agreement. If you can’t get on the tenancy agreement, the next best thing is to get a written agreement with your roommate. Check out this template for a roommate agreement from the Tenant Resource & Advisory Centre. 

If you do sign a roommate agreement, see if you can include something about how disagreements will be resolved. One idea is to schedule regular check-ins, with a shared expectation that concerns can be aired then. It could be as casual as a friendly chat over coffee every month or so. 

Think about what you yourself can do to ease the problem. For example, if you’re sensitive to some of your roommate’s cooking smells, can you close your bedroom door, open a window, or use a fan to clear the air? 

Living with a roommate will always involve some level of compromise on both sides. Reflecting on your own attitudes about the problem could be considered a kind of self-help step, too. For example, if you’re concerned about clutter, can you relax some of your expectations? Recognize that there’s often a range of what could be considered reasonable.

It's almost always a good idea to try talking with your roommate about your concerns — whether it’s about using the laundry machine, having guests over, a money issue, or some other problem. A respectful chat can often resolve the matter quickly.

Give yourself time to collect your thoughts. Your focus shouldn’t be on proving you’re right; this is about finding a solution that suits you both. After all, the outcome of the conversation will likely impact your everyday life. Here are some things you might want to think about before the conversation:

• Consider your relationship with your roommate. How important is it to maintain this? Often roommates are good friends or family members. Even if you and your roommate aren’t friends, you live with them. If you’re hoping to stick around for a while, you might not want to rock the boat too much. Living with ongoing conflict or bad vibes can be stressful.

• Don’t assume your roommate knows about the problem. Your roommate may not be aware there’s an issue or how frustrated you are about it. Realizing this may help you approach your roommate with a cooler head.

• Think about how you can describe the problem clearly. Note any specific incidents and when they happened. Try to be factual. Avoid language that blames or accuses.

You can use this template to help you prepare for the conversation. You’ll need to come to a practical solution together. If the living arrangement is otherwise good, it’s in both of your interests to work out a plan that’s fair for all. And put any new agreement you have in writing.

Sometimes talking with your roommate won’t work (or isn’t possible). If the problem is still bothering you, gather evidence. Here are some examples:

• take photos or make videos to document the problem (but be mindful not to violate your roommate’s privacy rights)

• keep a dated journal or log of incidents and conversations with your roommate

• consult an expert who can back up your opinion that there's a problem — for example, visit a doctor to confirm that second-hand smoke is affecting your health

• ask a friend or family member to come over and make notes of their observations

To stay organized, keep all your evidence in one place, such as a file folder or on your phone or computer. 

Roommates often find themselves in a bind when it comes to their legal rights. Unlike a landlord-tenant relationship, there’s no legislation that covers the roommate relationship. This doesn’t mean roommates have no rights — their rights stem from common law. Unfortunately this means they’re less clear and harder to enforce. Trying to come up with a practical solution with your roommate could be your best bet. If you’re on the tenancy agreement, you could also try approaching your landlord for help with the issue. 

The law says roommates must comply with the terms of their agreements. So you’ll want to figure out what, if anything, was agreed about the living arrangement and the particular issue at hand. If you have a written agreement, read it carefully to see whether it sheds light on what your rights might be in the situation. Common agreements include tenancy agreements and roommate agreements.

Both tenancy agreements and roommate agreements can be informal. That’s when they’re not written down or signed by both parties. If you don’t have a formal written agreement, check your texts and emails for relevant conversations. Things like written house rules and rental ads have also been taken to form part of a roommate agreement. As well, having someone else to back up your story could come in handy if you decide to take further steps.

If you rent from the landlord

If you have a problem with your living situation, you’ll want to decide whether you need to take it up with the landlord or a roommate. This can be a bit tricky to figure out. It will be relevant if you’re a co-tenant or a tenant sharing common space (as distinct from a roommate who is an occupant). Whether or not it’s appropriate to follow up with your landlord will also depend on the particular problem you’re having.

If you and your roommate are on the same tenancy agreement, you are co-tenants. Each roommate agrees to be jointly responsible for each other’s tenancy obligations, through the tenancy agreement. Whether that means paying rent on time, obeying property rules, or maintenance responsibilities, co-tenants are legally on the hook for each other’s actions. If a problem arises between co-tenants, a good starting point is to read the shared tenancy agreement.

If you and your roommate each have separate tenancy agreements with the landlord, you are tenants sharing common space. For example, you might share a living room and kitchen. In this kind of arrangement, you are only responsible for meeting your own tenancy obligations. These arise from what you’ve agreed to in your tenancy agreement as well as what the law says tenants are responsible for. Compared to co-tenants, there are more instances where a tenant sharing common space would deal directly with the landlord to resolve an issue relating to their rental unit. 

If you rent from another tenant

Lots of roommates, whether by default or design, don’t end up on the tenancy agreement. Some roommates put a formal roommate agreement in place. If you signed one, you (and your roommate) need to act according to what it says. Unfortunately, without a written agreement, it can be very difficult to enforce your rights. A good place to start would be to dig up anything related to what you agreed to.

If you never discussed what happens if:

• one roommate wants to pass on a rent increase, or

• one of you wants out, 

then the legal principle of reasonable notice applies. A party must give the other reasonable notice to raise the rent or end the contract. How much notice is “reasonable”? In this decision and this one, the Civil Resolution Tribunal decided that one month was reasonable notice to end those particular roommate relationships. We explain this more here.

If all attempts to work things out with your roommate break down, you may need to start a legal action. (Lots of roommate issues can be solved before this step.)

The Residential Tenancy Branch doesn’t hear disputes between roommates. Bringing an action for damages is, unfortunately, often the only way to resolve these kinds of disputes. This is an amount of money that’s meant to put you in the same position as if an agreement had been performed as agreed.

The Civil Resolution Tribunal handles disputes under $5,000. This online tribunal is less expensive than going to court. And you can use it without the help of a lawyer. The tribunal can order remedies other than damages, too. For example, you can ask the tribunal to order your roommate to do (or stop doing) something. 

Agreeing to share a physical space with someone is an exercise in compromise. Are your roommate’s noisy ways “unreasonable”? Well, it depends. Things like the layout of the rental unit, house rules (if any), and the severity, frequency and time of the unwanted noise all factor in. Of course, some level of noise is to be expected when living with someone else. 

Consider what you can do to alleviate the problem. For example, a pair of noise-canceling headphones (or, much cheaper, earplugs!) can do wonders. If self-help solutions don’t cut it, it may be time to approach the roommate directly. See above for suggestions.

If that direct tack fails, your next best option may be taking the issue to your landlord. This makes the most sense in situations involving tenants sharing common space (where you both have separate tenancy agreements). Landlords are required to provide their tenants with quiet enjoyment of their rental unit. So it’s their job to sort these issues out. If they don’t address a reasonable complaint, you can file a complaint with the Residential Tenancy Branch. 

This doesn’t mean you’re out of luck if you’re a roommate/occupant. In this case, the Civil Resolution Tribunal implied a term to quiet enjoyment in a roommate/occupant arrangement. This means that the roommates didn’t directly spell out or say that they had this right. What they did have was written house rules about guests. The tribunal read between the lines — they said the rules about guests implied a right to quiet enjoyment of the apartment. The tribunal found that one roommate’s noise levels did not breach the implied term to quiet enjoyment.

Your rights, and how easy they are to enforce, will depend on the kind of roommate arrangement you have. The simplest route to a remedy is approaching your roommate directly. You may be able to find an amicable solution that works for all of you. (This might include an agreed-upon schedule, or your roommate offering to chip in a little extra for rent and utilities.)

If speaking with your roommate gets you nowhere, consider taking the issue up with the landlord. This makes the most sense if you’re a tenant sharing common space. This is where all roommates have a separate tenancy agreement with the landlord. By law, landlords aren’t allowed to put unreasonable limits on a tenant having guests over. 

But there is a point at which a guest becomes an occupant. And landlords are allowed to end a tenancy if an unreasonable number of occupants are crowded into the rental unit. (If you’re on separate tenancy agreements, one roommate being evicted shouldn’t impact the other.) What’s “unreasonable,” in this case, will largely depend on the size of the unit, and things like the bathroom-to-occupant ratio.

It may be trickier to enforce your rights if you’re a roommate who’s not on the tenancy agreement. The landlord has no legal obligations to you — it’s what you agreed to that matters. Perhaps it was implied, or expressly stated, that no one else would move in. Maybe there are house rules about overnight guests. It could be that there was already a discussion about expectations around use of shared space. A tribunal or court would consider these kinds of things when deciding what’s reasonable in the circumstances.

If you are a tenant, then the landlord is required to provide you “quiet enjoyment” of your rental unit. This includes the right to reasonable privacy and exclusive use of the space you’re renting. There are exceptions, such as certain situations where the law allows a landlord to enter the rental unit or agreed use of common spaces if there are other tenants.

Landlords are allowed to install cameras in common areas, as long as they’re not secretly recording tenants. Cameras are often used for security, and sometimes for accountability of tenants who might be causing problems or damage. In condo buildings, areas where cameras are allowed include spaces like hallways, lobbies, and elevators. Living rooms and kitchens within rental units would be considered acceptable so long as the tenant is aware the cameras are there. A camera can’t be pointed at a space where a person could reasonably be expected to be nude.

The law applies differently when there’s no landlord-tenant relationship. Here a roommate’s right to set up a camera in a common space is less clear because they’re not the owner of the space, so they have less authority to do so. If your roommate has breached your privacy, what can you do? The Civil Resolution Tribunal said that it can’t hear claims for breaches of privacy under the Privacy Act. But if your privacy was violated, and that breached an agreement you had with your roommate, the tribunal can hear the case.

If you’re a roommate who’s not on the tenancy agreement, you’re not protected against rent increases. In other words, there is no cap on how much your roommate can raise your rent. The exception is if your roommate agreed in advance to cap the rent.

You’ll want to weigh the pros and cons of agreeing to a rent increase (versus moving out). For example, your roommate might give you a notice of eviction if they feel they can’t afford to keep living with you without raising the rent. Consider that your roommate may simply be trying to pass on a rent increase from their landlord. You can always ask your roommate to see the tenancy agreement to make sure they’re not profiting by renting to you. We answer this question in more detail here.